On March 4, 2021, the US Supreme Court issued its decision in Pereida v. Wilkinson. The conservative Court bucked the Biden administration´s trend of liberalizing immigration law, by making it harder for undocumented immigrants convicted of minor criminal offenses to obtain relief from deportation proceedings.
Our client retained Attorney Frank Krajenke of Herman Legal Group because he was near facing removal for multiple criminal convictions.
The Violence Against Women Act ("VAWA") created a VAWA Cancellation of Removal for battered immigrants. It protects those who have been abused by their U.S. sponsor. Note that not all battered immigrant spouses can apply for it, because first, the immigration authorities must charge you with an immigration violation. It is usually an unlawful presence in the U.S. or overstaying a visa. If this happens, the immigration authorities will order you to appear in front of a judge.
The Department of Homeland Security defines deportation as “the formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws.”
Cancellation of removal is a one-time-only form of relief granted under court discretion. There are several factors the court will take into consideration when granting this relief. The requirements an immigrant must show differ for lawful permanent residents (LPRs), such as green card holders, and non-LPRs.
